APPENDIX 3 SCHEDULE 4s Issue 1 Outer Hebrides Proposed Plan: General Plan Context Reporter: National Marine Plan referencing Development plan Policy cross referencing reference: Biodiversity Landscape Body or person(s) submitting a representation raising the issue (including reference number): Kate Dawson (001) Royal Society for the Protection of Birds (021) Urras Oighreachd Ghabhsainn (Galson Trust) (030) Carloway Estate Trust (033) Bord na Gaidhlig (037) Scottish Salmon Producers Organisation (036) Scottish Government (028) John Muir Trust (022) Scottish Natural Heritage (029) Provision of the Some general comments on the Plan content and Vision, development plan to policy cross referencing, reference to the National Marine which the issue Plan, and Landscape policy. relates: Planning authority’s summary of the representation(s): Plan – General Comments, Context and Vision The Carloway Estate Trust (033), seeks clearer link made in the documents to the anticipated increasing impact community ownership will have on environmental and economic sustainability. Bord Na Gaidhlig (037) acknowledge that the Plan ‘Context’ section recognises Gaelic but suggest this could be strengthened. The Scottish Salmon Producers Organisation (036) note that it would be helpful if the importance of marine fish farming were noted in the ‘Context’ section of the Plan. National Marine Plan referencing Scottish Government (028) and the Scottish Salmon Producers Organisation (036) seek that reference to the National Marine Plan is added, clarified or corrected in several places throughout the Plan to ensure due regard is given the National Marine Plan. Policy cross referencing The John Muir Trust (022) and Scottish Natural Heritage (029) have suggested a number of policy cross references between policies and within Plan policies. Scottish Natural Heritage (029) recommends that a new criterion regarding landscape , nature and wildlife is added to Policy EI7 Countryside and Coastal Access and that a number of cross references to other policies included. Biodiversity objectives and value Scottish Natural Heritage (029) suggests inclusion of Biodiversity objectives in a number of Plan policies, to reflect the Council’s biodiversity duty. Landscape Policy EI 4 Waste Management: Scottish Natural Heritage (029) notes that criteria a) requiring the landscape and visual impact being acceptable, could be subjective. It is recommended that the wording is changed and is consistent with the wording contained within the Landscapes Institute's Guidelines for landscape and visual impact assessment. Scottish Natural Heritage (029) proposes a change to policy NBH1 Landscape to provide clarity around wild land. The Jon Muir Trust (022) proposed changes to Policy EI 9 Transport Infrastructure to mitigate for impact on landscape and wild land, in particular. Modifications sought by those submitting representations: Plan – General Comments, Context and Vision The Carloway Estate Trust (033), seeks clearer link made in the documents to the anticipated increasing impact community ownership will have on environmental and economic sustainability, but does not specify exactly what is sought in the Plan, and where. Bord na Gaidhlig (037) notes that the Gaelic language is associated with Gaelic culture and the Outer Hebrides has a world-wide reputation for its living Gaelic culture. This should be highlighted in the Context section. The Scottish Salmon Producers Organisation (036) proposes that the importance of marine fish farming could be noted in the ‘Context’ section of the Plan. National Marine Plan referencing Scottish Government (028) suggest that the LDP has due regard for the National Marine Plan in the following text in Policy context, Marine and Offshore Environment on page 12 ‘should give due regard to the impact of development on the wider marine environment ...for consideration of impacts on marine policy objectives in the subsequent Regional Marine Plans.’ Further the actual Policy text should be amended to acknowledge the National Marine Plan. Also Scottish Government would recommend that the significance of the National Marine Plan should also be reflected in: Policy ED4: Fish farming and Marine Planning: recommend that the first line be amended to state that the Comhairle will take planning decisions in accordance with the National Marine Plan and any subsequent statutory Regional Marine Plan; The citing of the National Marine Plan in a number of Plan policies reference sections is also proposed by Scottish Government and these have been accepted and addressed as non-notifiable modifications. The Scottish Salmon Producers Organisation (036) seeks reference to the National Marine Plan in the LDP ‘Introduction’ section. They also state that the lack of the National Marine Plan in the Plan ‘Vision and Objectives’ is an omission as the National Marine Plan should be taken account of in decision making. Policy cross referencing The John Muir Trust seek the following: Policy ED5 Minerals: inclusion of reference to SNH mapped ‘Wild Land Areas’; Policy EI 8: Energy and Heat Resources: reference to wild land; Policy EI 10 Communications Infrastructure: reference to wild land. Scottish Natural Heritage (029) recommends that Policy EI7 Countryside and Coastal Access. Is augmented with the following new criteria and cross referencing: e) safeguard landscape, nature and wildlife by demonstrating how route choice minimises potential impacts and comply with relevant policies on the Environment (EI 3, 5, 6) and Natural and Built Heritage (NBH1, 2, 3). Wild land referencing Scottish Natural heritage (029) is seeking the following: Development Strategy Remote Area description (pg. 12): Suggests that 'Wild Land' is changed to 'wild land' to avoid confusion with the mapped Wild Land area. Biodiversity objectives and value Scottish Natural Heritage seeks the addition of a reference to biodiversity objectives in relation to Open Space in the following policies sections: Policy DS1 Development Strategy, Stornoway Core, as follows, policy criteria d) protect and retain functional Open Space which actively contributes to local amenity, recreation or biodiversity objectives; Policy DS1 Development Strategy, Main Settlements, as follows, policy criteria d) The protection and retention of functional Open Space which actively contributes to local amenity, recreation or biodiversity objectives; Landscape Policy EI 4 Waste Management: Scottish Natural Heritage (029) notes that criteria a) requiring the landscape and visual impact being acceptable, could be subjective. It is recommended that the wording is amended for consistency with Landscape and Visual Impact Assessments (LVIAs), described by the Landscape Institute’s Guidelines for Landscape and Visual Impact Assessment (available via https://www.landscapeinstitute.org/product/guidelines-for-landscape-and-visual-impact- assessment/). Policy NBH1 Landscape: Scottish Natural Heritage (029) proposes that for consistency with Scottish Natural Heritage consultative guidance on Wild Land Areas (WLAs), that the section of the policy on Wild Land is amended to read: “Development proposals should be able to demonstrate no significant adverse effects on the qualities of Wild Land Areas as set out in their published descriptions, through siting, design or other mitigation.” Policy EI 9 Transport Infrastructure. The John Muir Trust (022) recognised the need to upgrade and develop the spinal and inter island routes and the requirement to “fit with the character of the area.” However they recommend that a more explicit requirement be set out here with respect to the need for mitigation given the high sensitivity of much of the landscape through which the spinal route passes, particularly with respect to landscape and wild land. Summary of responses (including reasons) by planning authority: Plan – General Comments, Context and Vision The Carloway Estate Trust (033), seeks clearer link made in the documents to the anticipated increasing impact community ownership will have on environmental and economic sustainability. It is not a function of the Plan to neither narrate nor offer opinion on the impact of one type of land owner or developer, over another. However the Plan could in the ‘Context’ section acknowledge the significant proportion of land and population now under community landownership. Bord Na Gaidhlig (037) acknowledge that the Plan ‘Context’ section recognises Gaelic but suggest this could be strengthened. The Plan ‘Context’ is intended as a succinct scene setter for the Plan and the Comhairle would argue that the reference is sufficient and recognises the significance of Gaelic language and culture to the Islands. The Plan underpins and recognises the local cultural context, however, the LDP is a land use plan and in this regard the Comhairle is not minded to change the Plan. The Scottish Salmon Producers Organisation (036) proposal that the importance of marine fish farming could be noted in the ‘Context’ section of the Plan is not accepted. The last paragraph of the ‘Context’ section does note the significance of the food and drink sectors and how the landscape and natural heritage underpins these and other industries. It is not necessary or proportionate to identify all the economic activities which operate in the Islands, in the succinct ‘Context’ section. There is a specific Plan policy, Policy ED4 Fish Farming and Marine Planning and statutory Supplementary Guidance addressing fish farming. No change to the Plan in response